New Hampshire’s falling autumn leaves may be stunning to behold, but they become a hazard on the road, particularly after rainfall. Although wet leaves may seem harmless, they offer tires as little friction as black ice. Motorcyclists who drive on wet, leaf-slicked roads are at heightened risk of having an accident and suffering an injury. Your bike may slide, spin out, and crash even if driving prudently.
If you suffered injuries in a motorcycle accident due to road debris, whether wet leaves or other hazards, you may be eligible for compensation–but only under specific circumstances. Here’s what you need to know.
Government Responsibility for Public Roads
New Hampshire law RSA 231:90 provides that local governments have a duty to correct “insufficiencies” in highways, roads, and sidewalks. This duty means that the municipality must act with reasonable promptness to remove a hazard from a road or sidewalk that is not safely passable or when a person using the road could not reasonably discover or avoid the hazard when behaving lawfully and prudently. In addition, the municipality must have received written notice of the insufficiency before the injury and failed to correct or post warning signs about the hazard.
Such strict criteria make it challenging for a person injured in a motorcycle accident due to road hazards to bring a successful claim against a government entity. It’s essential to contact an experienced New Hampshire personal injury lawyer as soon after the accident as possible.
Injuries Occurring on Private Property
Owners of private roads are subject to less strict criteria. If injured on a private road due to hazards, you may be able to bring a successful claim if the property owner fails to maintain a reasonable standard of care in keeping the road free of hazards or warn lawful visitors on the property about the risks.
Tenn And Tenn, P.A., Personal Injury Attorneys
If you’ve suffered injuries in a motorcycle crash arising from wet leaves or other road debris, you should contact the experienced attorneys at Tenn And Tenn, P.A. We help people all over the state: Manchester, Concord, Nashua, Bedford, Derry, and beyond. Call 1-888-511-1010 for your free consultation today, or reach out online for a case evaluation.